Today, by a 6-3 opinion, the U.S. Supreme Court blocked President Biden’s and OSHA’s Covid-19 vaccine mandate, which would require businesses with 100 or more employees to have employees vaccinated or undergo weekly testing. However, the Court did allow a vaccine mandate for health care workers in nursing homes, hospitals and other facilities that receive Medicare and Medicaid payments from the federal government.
“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category,” the court said in an unsigned opinion.
Dissenting Justices were Stephen Breyer, Elena Kagan and Sonia Sotomayor.
At this time we do not believe that MIOSHA will proceed with issuing their own rule. As a safeguard, today’s Supreme Court decision will inform any attempts by OSHA to move forward with a permanent rule.